Risky Participation / The Revival of Ray LXXV

Lord Diplock in Council of Civil Service Unions v. Minister for Civil Service, [1985] AC 374; Lord Greene in Associated Provincial Picture Houses Ltd. v. Wednesbury Corp., [1947] 2 All ER 680.

An administrative action is subject to judicial review on grounds of illegality, irrationality and procedural impropriety.


When a person takes a chance and participates, he cannot, because results are unpalatable, turn around to contend an unfair process [Madan Lal v. State of Jammu and Kashmir, (1995) 3 SCC 486]. This principle has been reiterated in Manish Kumar Shahi v. State of Bihar, (2010) 12 SCC 576 and Ramesh Chandra Shah v. Anil Joshi, (2013) 11 SCC 309. More appropriate for our case would be Dr. G. Sarana v. University of Lucknow, (1976) 3 SCC 585. Dr. G. Sarana was referred in Madras Institute of Development Studies v. K. Sivasubramaniyan, (2016) 1 SCC 454. Equally appropriate would be a reference to P.D. Dinakaran v. Judges Inquiry Committee, (2011) 8 SCC 380.

Siddharth Chattopadhyaya had taken a calculated chance in spite of stakes, that too without protest, and then has belatedly raised a plea of bias and prejudice only when he was not recommended. Dismissed.

Hon’ble Justice L. Nageswara Rao, Siddharth Chattopadhyaya v. Union Public Service Commission, [Civil Appeal No. 6906 of 2021].